Facts of the Case
- The
petitioner challenged:
- Seizure
of ₹65 lakhs cash from the director’s residence during GST search
on 04.03.2021.
- Recovery
of ₹94,65,316/- allegedly without adjudication.
- GST
authorities conducted searches at:
- Business
premises
- Registered
office (sealed for non-disclosure)
- Director’s
residence (cash seized)
- The
petitioner claimed:
- Illegal
detention of director
- Coercive
recovery of tax
- Non-supply
of panchnama
- The petitioner deposited amounts in parts, totaling ₹94,65,316/- during investigation.
Issues Involved
- Whether
GST authorities have power to seize cash during search.
- Whether
tax payments made during investigation were voluntary or coercive.
- Whether
non-supply of panchnama invalidates proceedings.
- Whether
the petitioner can seek refund after voluntary payment under Section
74(5).
- Whether concealment of material facts affects relief under Article 226.
Petitioner’s Arguments
- Seizure
of cash is not authorized under CGST Act.
- Director
was illegally detained without summons under Section 70.
- Tax
payments were made under coercion, not voluntarily.
- No
proper adjudication or notice was issued.
- Panchnama
was not provided, violating due process.
- Excess tax collected should be refunded or adjusted.
Respondent’s Arguments
- Panchnama
was duly served and acknowledged by the director and his wife.
- Petitioner
concealed material facts, including:
- Letter
requesting release of ₹65 lakhs
- Undertaking
to pay tax voluntarily
- Payments
were made voluntarily under Section 74(5).
- Proceedings were lawfully concluded; hence, no further challenge is maintainable.
Court’s Findings / Order
- The
Court found material concealment of facts by the petitioner.
- The
petitioner had:
- Voluntarily
requested release of seized cash
- Undertaken
to pay tax with interest and penalty
- Payments
were held to be voluntary, not coercive.
- Once
benefit under Section 74(5) is availed:
- No
show cause notice is required
- Proceedings
are deemed concluded
- Issue
of cash seizure power left open (academic in nature).
- Writ petition dismissed with costs of ₹25,000.
Important Clarifications by Court
- Voluntary
payment under Section 74(5) bars later challenge.
- Concealment
of material facts disentitles relief under Article 226.
- Claims
of coercion must be substantiated contemporaneously, not raised
later.
- Issues becoming academic (like seizure legality here) need not be adjudicated.
Link to download the order - https://delhihighcourt.nic.in/app/case_number_pdf/2021:DHC:3739-DB/NAC18112021CW130342021_142210.pdf
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